Sunday, December 23, 2012

Mosque Can Move Ahead With Suit Challenging Denial of Conditional Use Permit

In Islamic Center of Western Suburbs v. County of DuPage, (ND IL, Dec. 18, 2012), an Illinois federal district court refused to dismiss claims by an Islamic Center that its rights under RLUIPA, the 1st and 14th Amendments and the Illinois constitution were infringed. The suit stemmed from the denial of Plaintiff's application for a conditional use permit for a mosque. However plaintiff's motion to strike various defenses asserted by the county was for the most part denied. The suit seeks damages, injunctive and declaratory relief. (See prior related posting.)